Wan Ahmad Farid named new Chief Justice
According to a statement from the Chief Registrar's Office, His Majesty Sultan Ibrahim, King of Malaysia, consented to the appointment, as per Clause (1), Article 122B of the Federal Constitution.
Datuk Abu Bakar Jais has been named as the President of the Court of Appeal, while Datuk Azizah Nawawi has been appointed as the Chief Judge of Sabah and Sarawak.
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Free Malaysia Today
11 hours ago
- Free Malaysia Today
Ex-deputy chairman fails in review bid over order for fresh insider trading trial
A Court of Appeal bench said there is no breach of natural justice in the findings of the previous panel. PUTRAJAYA : The Court of Appeal has rejected a review application by a former executive deputy chairman of Malaysian Merchant Marine Bhd, whose insider trading case was ordered by another Court of Appeal bench to be reheard in the High Court. A three-member bench chaired by Justice Ruzima Ghazali said Ramesh Rajaratnam's application had no merit because there was no breach of natural justice committed by the previous bench. Ruzima said the previous panel, in its grounds of judgment, did not base its decision solely on several provisions in the Criminal Procedure Code (CPC). 'They addressed at length the points and authorities raised by parties. There is no breach of natural justice in the findings of the previous panel,' he said. Justices Azmi Ariffin and Hayatul Akmal Abdul Aziz also heard the application. Ramesh had been found guilty by a sessions court on three charges of insider trading, but the High Court set aside the decision upon his appeal. His complaint was that the previous panel only looked into Sections 173, 180, 182(a) and 422 of the CPC in setting aside his acquittal and ordering a rehearing of his appeal before a new High Court judge. He said this was not canvassed before the panel and only appeared in the grounds of judgment. Ruzima said the threshold for review was high. 'As the apex court, as in this case, we have always been cautious when exercising the power of review of its earlier decision, as on the face of it, it goes against the principle of finality,' he said. He said review powers of the court may only be exercised in exceptional cases if there had been a significant injustice or the applicant had no alternative remedy. Lawyers Gurdial Singh Nijar and Abraham Au appeared for Ramesh in today's proceedings, while Hasley Tajudin, Law Wen Zhen and Danial Ariff Tung represented the Securities Commission Malaysia. Last year, the Court of Appeal said the High Court, as an appellate court, could not decide an appeal solely on the trial court's errors or omissions. Justice Wong Kian Kheong said the High Court had a judicial duty under Section 316 of the CPC to consider the merits of the case. '(Otherwise), there would have been an abdication of the High Court's judicial duty,' he said in the judgment setting aside Ramesh's acquittal. Wong said the High Court was also duty-bound to consider whether the errors or omissions by the trial court had caused a failure of justice as stated under Section 422 of the CPC. On May 6, 2024, Justice Vazeer Alam Mydin Meera, now a Federal Court judge, led a three-member bench in allowing the prosecution's appeal, and remitted the matter to be heard by a new High Court judge. The other member of the bench was Justice Ahmad Zaidi Ibrahim. Vazeer said even though there was judicial copying in the sessions court's grounds of decision, and it was a non-speaking judgment, the High Court committed a legal error in granting an acquittal. Ramesh was charged in the Kuala Lumpur sessions court on April 29, 2015 with three counts of insider trading under Section 188(2)(a) of the Capital Markets and Services Act 2007. On Sept 11, 2019, the trial judge convicted him on all three charges. and sentenced him to five years' imprisonment and a fine of RM3 million on each charge. The prison terms were ordered to run concurrently. Insider trading carries a punishment of imprisonment not exceeding 10 years and a fine of not less than RM1 million. On May 20, 2021, the High Court allowed Ramesh's appeal and set aside the conviction and sentence on all three charges. At the Court of Appeal, the Securities Commission, with the public prosecutor's consent, decided to pursue its appeal on one charge only.
New Straits Times
13 hours ago
- New Straits Times
Sosma reform: Suhakam seeks bail rights, shorter detention, and transparency
KUALA LUMPUR: The Human Rights Commission of Malaysia (Suhakam) has outlined five core reforms it hopes will emerge from ongoing stakeholder consultations on the Security Offences (Special Measures) Act 2012 (Sosma). The commission is also asking the government to release draft amendments before they are tabled in Parliament. Secretary-general Altaf Deviyati said the commission's longstanding concerns include extended detention without judicial oversight, restricted access to bail, limited access to legal counsel during initial detention, and broad discretionary powers granted to enforcement agencies. "We believe these provisions not only challenge Malaysia's international obligations but are also inconsistent with the Federal Constitution," she told the New Straits Times. Among Suhakam's proposals is the reinstatement of judicial discretion in granting bail, particularly for non-violent and non-terrorism-related offences. The commission also calls for the maximum initial detention period to be shortened from the current 28 days, which it views as excessive. Altaf said access to legal counsel must be guaranteed from the point of arrest, and that the right to a prompt and public hearing should be assured. "Currently, detainees are waiting far too long just to get their first hearing," she added. Finally, Suhakam recommends narrowing Sosma's application to truly exceptional and well-defined national security threats. "Ordinary criminal offences should be addressed under existing laws," Altaf said. Its secretary-general said that Suhakam has been participating in engagement sessions through the Parliamentary Special Select Committee since November last year. "Public consultation is essential in any democratic law-making process," Altaf said, adding that transparency will ensure a more balanced approach between national security and fundamental liberties. Altaf said that the commission acknowledges Malaysia's security needs but maintains that amendments must address ongoing and potential human rights violations. Beyond legislative changes, Suhakam also advocates for systemic reforms to prevent abuse under Sosma and similar laws. These include strengthening internal and external oversight, creating an independent complaints mechanism, and improving judicial training and awareness of human rights standards. "We also need greater transparency in how laws like Sosma are enforced, including the regular publication of arrest data," Altaf said. She added that Malaysia should ratify international human rights treaties such as the United Nations Convention Against Torture (UNCAT) and the International Covenant on Civil and Political Rights (ICCPR) to reinforce protections against arbitrary detention and mistreatment.
Malay Mail
21 hours ago
- Malay Mail
MMA star McGregor loses appeal over rape civil case in Ireland
DUBLIN, Aug 1 — Mixed martial arts fighter Conor McGregor lost an appeal in Ireland on Thursday over a civil court ruling last year awarding damages to a woman who accused him of rape. Three judges at the Court of Appeal in Dublin dismissed all the grounds for appeal raised by McGregor, 36. Jurors at Dublin's High Court ain November awarded damages of almost €250,000 (RM1.2 million) to Nikita Hand, 35, who alleged that McGergor raped her in a hotel in the Irish capital in 2018. The court heard allegations that McGregor 'brutally raped and battered' Hand. The Irish sports star has insisted they had consensual sex. However Hand lost an assault lawsuit against a second man. Following the November ruling, McGregor was ordered to pay the entire costs of the case, estimated at around €1.5 million. He appealed the jury's decision, seeking a re-trial of the civil case against him. McGregor, a vocal figure in the Irish anti-immigration movement who in March met US President Donald Trump in the White House during a Saint Patrick's Day visit, was not in court during a month of appeal hearings. His legal team argued that judicial errors occurred in the original trial, including in how he was cross-examined. After the ruling, Hand told reporters that the appeal had 'retraumatised' her but that she can now 'finally move on and try to heal'. 'To every survivor out there, I know how hard it is, but please don't be silenced, you deserve to be heard, you also deserve justice,' she said. Nicknamed 'The Notorious,' McGregor is one of the biggest stars in the history of the Ultimate Fighting Championship (UFC) mixed martial arts circuit, formerly holding the featherweight and lightweight titles. The Irishman was sued in a US court in January, accused of sexual assault at an NBA game in Miami in 2023. He has announced plans to run in Ireland's presidential election this year. The vote to elect the country's next president — a largely ceremonial role without executive power — must be held by mid-November but he faces a number of steep hurdles to get on the ballot. — AFP
